Israel’s High Court of Justice on Thursday unanimously struck down the government’s decision to close Galei Tzahal, or IDF Radio, finding that the move was improperly driven by officials’ objections to the station’s broadcasts rather than legitimate considerations regarding its continued operation.

In its ruling, the court concluded that “the decision was based on an extraneous and improper consideration.”

The justices said the government’s decision had to be nullified “because the decision was made on the basis of an extraneous and improper consideration: the dissatisfaction of the decision-makers with the fact that the broadcasts, in their view, ran counter to their positions. The Court was persuaded, as a matter of fact, that this was indeed the case, and further noted that after a conditional order was issued, the government did not act to prove otherwise. The Court held that the government had the authority to make a decision on the matter and rejected the argument that closing Galei Tzahal required primary legislation.”

At the same time, the court stressed that its ruling should not be interpreted as a determination that Galei Tzahal must remain open permanently. Rather, the justices said any future effort to close the military broadcaster would have to follow a lawful process and be based on legitimate considerations.

“All of the justices, each for his or her own reasons, made clear that they do not rule out the possibility of closing Galei Tzahal on its merits, had the decision on the matter been made lawfully and on the basis of relevant considerations, nor do they take a position regarding the content of the broadcasts.”

Justice Yechiel Kasher sharply criticized the reasoning behind the government’s action, arguing that public officials cannot use their governmental authority to silence broadcasters simply because they object to what is being aired.

“It cannot be accepted that a person vested with governmental authority may decide that because he does not like the statements made by a broadcaster, the broadcaster’s ‘microphone should be shut off.’

“A government that acts in this manner is acting in a clearly undemocratic fashion, since the cornerstone upon which every democratic government rests is the recognition that the government may not use its power to silence those whose views it finds objectionable.”

Justice Alex Stein, however, rejected a separate argument advanced by the petitioners that shutting down Galei Tzahal would inherently violate freedom of expression.

Stein reasoned that freedom of expression does not require the government to maintain and operate its own radio station as a vehicle for different opinions. He suggested that government-operated news and current-affairs programming could, under some circumstances, itself interfere with or distort public discourse.

Stein also addressed the unusual spectacle of uniformed Galei Tzahal soldiers interviewing political figures, describing the arrangement as a “distortion of the system of government.”

In his view, the IDF, “the army of everyone,” should have no part in the country’s political debate, “not even the role of interviewer and broadcaster.”

National Security Minister Itamar Ben-Gvir responded angrily to the decision, accusing the Supreme Court of overriding the authority of Israel’s elected government.

“The Supreme Court is carrying out a coup against democracy and stripping a democratically elected government of its lawful powers. If the judges at Givat Ram in Jerusalem want to make decisions in place of the government, they are welcome to establish a political party and run for election to the Knesset. The judges are acting with endless arrogance and, without authority, are overturning the decisions of the elected government.

“Otzma Yehudit’s condition for joining the next government is the passage of a full judicial reform: the establishment of a constitutional court and the immediate dismissal of the criminal Attorney General,” Ben-Gvir said.

{Matzav.com}